The stakes of a child pornography accusation are enormous: prison time, lifetime sex‑offender registration, and social isolation for you and your family.
Under California Penal Code § 311, it is illegal to possess, distribute, or create any visual depiction — photo, video, digital file, or computer‑generated image — showing someone younger than 18 in sexual conduct. Federal statutes (18 U.S.C. §§ 2251‑2252A) mirror these prohibitions and impose even harsher mandatory sentences whenever the internet, interstate travel, or international borders are involved.
As you might imagine, because child pornography is typically shared through the internet, these cases often end up in federal courts.
To convict, prosecutors must prove a pivotal element: knowledge.
They must show you intentionally obtained, sent, or viewed images you knew depicted a minor.
Challenging that element — along with how evidence was gathered — often determines whether a case ends in dismissal, a favorable plea, or years behind bars. That’s why if you or someone you love has been accused of a possessing or transmitting child pornography, it’s critically important to speak to an experienced Los Angeles child pornography defense attorney as soon as possible.
California’s child pornography laws (PC § 311)
California law defines child pornography as any film, photo, or material that depicts a person under 18 in sexual conduct (intercourse, oral sex, masturbation, etc.).
Even images that are “just” nude or suggestive can qualify if a jury finds them sexually explicit. Consent or age of majority in other contexts doesn’t matter: anyone under 18 in the picture is a minor under the law.
Covered offenses
Penal Code Sections 311.1–311.11 criminalize virtually every act involving child porn.
This includes:
- Possession with intent to distribute – Knowingly sending, transporting, duplicating, or possessing any child pornography with the intent to distribute.
- Sharing or publishing – Knowingly developing, printing, duplicating, or exchanging child pornographic materials.
- Production – Hiring, using, or persuading a minor to participate in making pornographic material.
- Advertising or selling – Advertising, selling, or distributing child pornography.
- Possession – Knowingly possessing or controlling any child pornographic images created using someone under 18.
Penalties
Most state-level child-porn offenses are “wobblers”, meaning prosecutors can charge them as misdemeanors or felonies.
- A misdemeanor conviction typically carries up to 1 year in county jail;
- A felony conviction can mean up to 3 years in state prison.
In every case, a conviction also triggers mandatory sex-offender registration (usually for at least 10 years).
These penalties are severe, and they come with lifelong consequences. Families should know even an acquittal will not automatically erase all social stigma.
Federal child pornography laws
Federal law broadly defines child pornography as any visual depiction of a minor (under 18) engaged in sexually explicit conduct.
This includes photos, videos, computer-generated images, and any digital files that can be viewed as images. The law explicitly covers realistic computer or animated images that appear to show minors.
Importantly, any depiction of a minor that is “sexually suggestive” (for example, nude images) can be illegal even if no direct sexual act is shown.
The age of consent in the country or state where the image was produced does not change this. if the picture shows someone under 18 in a sexual way, it’s child pornography.
When do child pornography cases fall under federal jurisdiction?
Federal charges arise whenever the offense involves interstate or foreign commerce, like the internet, email, or travel. Because most online cases cross state lines, U.S. Attorneys often prosecute child porn cases.
However, you can be charged under state law or federal law for the same acts, or both. Federal prosecutions often involve local police, the FBI, Homeland Security Investigations, or other agencies working together.
Federal child pornography penalties
Federal penalties are much harsher than state penalties.
- For a first-time offender, producing child pornography carries a mandatory minimum of 15 years, up to 30 years in prison.
- Distributing or receiving child pornography across state lines carries a 5-year minimum, up to 20 years.
If aggravating factors are present (for example, images of very young children, or violent abuse), sentences can be dramatically higher, even life in prison.
Every federal conviction also requires registration on the national sex-offender registry, often for life. The Department of Justice notes that both state and federal authorities can choose to charge these crimes, and in practice prosecutors coordinate to ensure offenders face the maximum legal consequences.
Prosecutorial trends in child pornography cases
Law enforcement focus on child exploitation has only intensified in 2025. The Department of Justice reports a “historic rise” in the distribution of child pornography, with more images being shared online and younger children being targeted.
In Los Angeles and nationwide, multi-agency task forces aggressively investigate online networks. Police use digital forensic tools to trace downloads, IP addresses, and online communications.
If your case involves the internet, the FBI or ICE could be involved – and if they find evidence on a computer or phone, it is routinely analyzed by specialists.
Because modern child porn cases almost always involve digital media, prosecutors rely heavily on electronic evidence like search histories, download logs, or messaging apps.
In California, district attorneys will often charge under PC 311 in local court, but federal agencies will step in if the crime crossed state or international lines. Federal charges typically carry minimum mandatory sentences, so plea negotiations usually focus on reducing counts or sentencing enhancements.
In general, prosecutors rarely drop these charges. Defendants often negotiate plea deals, but even a plea can carry substantial prison time.
For perspective, the U.S. Sentencing Commission notes that in most federal child porn cases judges sentence below guideline range, but only because the mandatory enhancements are so severe.
Defendants should be aware that both state and federal systems are likely to impose sex-offender registration and counseling as part of any conviction.
What to expect: the legal process
1. Investigation and arrest
Investigators — local police, FBI, Homeland Security, or task‑force officers — may secure a warrant to search computers, phones, or cloud accounts. Undercover agents can also monitor peer‑to‑peer networks for illegal downloads.
Because child‑pornography offenses are strict‑liability crimes, mere possession can trigger an immediate arrest once prohibited images are discovered.
2. Booking and initial hearing
After arrest, you are booked and taken before a judge. In California state court, a felony preliminary hearing tests probable cause, followed by arraignment where charges are formally read.
In federal court, cases begin with a complaint or grand‑jury indictment and an arraignment. Bail is often high; retaining experienced counsel quickly is critical, and we can appear on your behalf if needed.
3. Discovery and motions
Your attorney receives the prosecution’s evidence—seized devices, forensic reports, communications, and witness statements.
We scrutinize every item, filing motions to suppress unlawfully obtained evidence, challenge overbroad warrants, and contest mishandled digital data. Effective pre‑trial motions can limit the government’s case or prompt dismissal.
4. Plea negotiations or trial
Many child‑pornography cases resolve by plea agreement. In federal court, negotiations may reduce counts or remove sentencing enhancements; in state court, they can shift a “wobbler” from felony to misdemeanor.
If no acceptable deal emerges, the case proceeds to trial, where the prosecution must prove each element beyond a reasonable doubt. We cross‑examine forensic experts, challenge image authenticity, and present any exculpatory evidence.
5. Sentencing
Upon conviction or plea, the court schedules sentencing. California judges weigh probation reports, while federal judges follow the U.S. Sentencing Guidelines and mandatory minimums. Mitigating arguments — clean record, minimal involvement, treatment needs — can influence outcomes.
Sentences often include sex‑offender registration, fines, counseling, and strict supervision.
Defense strategies
Fourth Amendment violations
We examine whether officers had a valid warrant and adhered to its scope. Searches without proper authority—or that exceed warrant limits—can lead to suppression of key evidence.
Entrapment
If undercover agents persuaded or coerced you into actions you were not predisposed to take, we argue entrapment, showing the government originated the criminal conduct.
Lack of intent or knowledge
We challenge the prosecution’s burden to prove you knowingly possessed illegal material, pointing to shared devices, inadvertent downloads, or malicious file transfers that undermine intent.
Content challenges
Not every explicit image meets the legal definition of child pornography. We use experts to analyze whether the content depicts minors or qualifies as “sexually explicit” under state and federal statutes.
Age of subject
When a subject’s age is uncertain, we investigate documentation, metadata, and witness testimony to cast doubt on whether the person depicted is under 18.
Mitigating factors
Mental‑health conditions, compulsive behavior, or addiction can support treatment alternatives and reduced sentences for non‑violent offenders. We also scrutinize chain‑of‑custody to reveal any evidence tampering.
Each case demands meticulous review of digital forensics, investigative methods, and statutory elements. Our team leverages every weakness in the government’s case to protect your rights and freedom.
Why hire the Helfend Law Group?
Attorney Robert M. Helfend has practiced exclusively in criminal defense since 1984. In that time he has successfully defended more than 4,000 cases ranging from misdemeanors to complex federal felonies.
The firm’s recent victories include dismissed attempted‑murder charges, rapid “not guilty” jury verdicts in firearm‑enhancement trials, and favorable resolutions in sex‑crime prosecutions.
We’re willing to take difficult cases to trial — and win — when a plea is not in your best interest.
Contact us for a confidential consultation
If you or a loved one faces child‑pornography charges in Los Angeles, call 800‑834‑6434 for a free, private case review. Early intervention can mean the difference between dismissal, reduced charges, or years in prison — reach out today to protect your future.
Published January 22, 2013. Last updated May 1, 2025.
References
- California. Legislature. California Penal Code § 311 et seq. California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=311.&lawCode=PEN. Accessed 2 May 2025.
- United States, Congress. United States Code. Title 18, §§ 2251–2252A. Government Publishing Office, https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter110. Accessed 2 May 2025.
- United States Sentencing Commission. Federal Sentencing of Child Pornography Non‑Production Offenses: 2022 Report to the Congress. United States Sentencing Commission, 2022, https://www.ussc.gov/research/research-reports/federal-sentencing-child-pornography-non-production-offenses. Accessed 2 May 2025.
- United States Department of Justice. Child Exploitation and Obscenity Section. Annual Report 2024. U.S. Department of Justice, 2024, https://www.justice.gov/criminal-ceos. Accessed 2 May 2025.